Rear End Car Accidents: Are They Easy, Or Difficult Cases To Win?

If you are hit from behind in a car accident, you may think it’s an “easy case.” After all, the only thing you were doing, was sitting stationary, or driving at a normal pace, and someone behind you was going too fast, or didn’t pay attention, and hit you from behind. So are rear end car accident cases “easy cases?”

Well, the answer is a mixed bag.

Presumption of Liability

They are easy in the sense that Rhode Island has a presumption–that is, the law assumes–that the driver who hits another driver from behind, is liable for the accident. That presumption means that you, as the victim (the car in front that was rear-ended), need to prove nothing as far as liability, because the law already says that the driver behind you is at fault.

But in the law, presumptions can be overcome (just like assumptions in real life can be). A driver who hit you from behind, can show that there were circumstances that either make him or her not liable, or else, which actually can pin blame on you for causing the other driver to rear end you.

What kind of things would constitute justification for a driver rear-ending another driver?

• The driver in front made a sudden unexpected stop or slammed on his or her breaks, in an area that such behavior wouldn’t be expected or anticipated, like driving on an open road.
• The driver in front, sensing he might miss a turn, suddenly slows down to make a turn, with almost no warning to the cars behind him
• The driver in front’s break lights are broken, where the cars behind him, have no idea he is slowing or breaking

This is not an exhaustive list–any abnormal behavior, unexpected behavior, or sudden behavior that a car makes, can be an excuse for the driver behind you that rear ended you, to overcome the presumption of liability.

These instances are rare–but they do happen.

If The Defendant Admits to Causing the Accident

So if none of these are the case, are you, the driver that was rear ended, in the clear? Do you then win your case?

Well, even if the person behind you admits to being liable, as they sometimes do in rear end accident cases, your case isn’t won. You still need to prove that you were injured, and that the car accident caused your injuries. And Defendants will often challenge rear end cases on this basis.

Excluding Evidence by Admitting Fault

One strategy they may use, is to admit to being liable, in an attempt to prevent the jury hearing about their carelessness, or inattentiveness, behind the wheel.

By admitting liability, they argue that this information becomes irrelevant. After all, being drowsy behind the wheel or driving too fast or not paying attention, Defendants argue, is relevant only to the accident itself–not relevant to how injured you are. Whether that strategy works or not, is up to the judge in your car accident case.

Contact our Rhode Island injury lawyers at Robert E. Craven & Associates if you have been a victim of a rear end car accident.

Source:

repository.law.miami.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3520&context=umlr